Legal Question in Civil Litigation in California

Re: Defamation of character

There might be something there. How wide an audience did the council member's statement reach? Why do you think it will have such a severe impact on your career? My first reaction is that IA decides the career issue, not the civil process you are referring to, but you would know better than me who holds the real strings on your career. Note, it's a tough case to prove in that you have to show at least recklessness (in terms of the council member's mindset), but it is at least a factual statement, so if you can prove the statement irrefutably false, you've got something to argue about.

I was just doing some jury verdicts research on police cases today, and I have to say, $168,000 is a lot to pay for a case involving injuries amounting to only a scratch on the head.

Ben Pavone

(www.benpavone.com)

Re: Defamation of character

I would agree entirely with Mr. Pavone if the statement had come from a private individual. The fact that it was actually a city council member talking makes a big difference, however.

The answer depends, at least in part, on the context in which the council member said this. If he/she made the statement "in the proper discharge of an official duty" or as part of an "official proceeding," then it is privileged as a matter of law (see Civil Code section 47) and cannot subject the council member to suit.

These standards are applied quite liberally, and the council member wil probably only have to show some non-trivial relationship between the statement and his/her official duties.

We have such rules so that council members, legislators etc. will not need to fear lawsuits for speaking out on issues of public importance. The issue of police misconduct is of public interest -- especially in Los Angeles, and especially right now. You may have a tough time winning such a suit but, as I said, a lot will depend on the facts and you have not offered many facts here.